Chapter 19.20
APPLICATION CLASSIFICATION
Sections:
19.20.010 Permit application type.
19.20.020 Permit application classification.
19.20.040 Consolidation of permits and appeals.
19.20.010 Permit application type.
Land use and development decisions are divided into five processes based on the type of application, who makes the decision, the amount of discretion exercised by the decision maker, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity.
A. A Type I application permit process is an administrative review and decision by the appropriate department head or designee. These are applications which are generally categorically exempt from review under State Environmental Policy Act (SEPA) or permits for which environmental review has been completed in connection with another application, and which have limited or no public interest. A Type I application is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues.
B. A Type II application permit process is an administrative review and decision by the appropriate department head or designee. A Type II application is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be a limited public interest. Public notification is provided at the application and decision stages of review. Environmental review is conducted, when required.
C. A Type III application permit process is a quasi-judicial review and decision made by the hearing examiner or, in the case of master plans, by the city council. A Type III application is subject to standards that may require the exercise of substantial discretion and about which there may be a broad public interest. Environmental review is conducted, when required. The appropriate review authority holds an open record public hearing after receiving a recommendation from the planning commission. Depending on the application, a neighborhood meeting may be required to obtain public input. Public notification is provided at the application, public hearing and decision stages of application review. The appropriate review authority makes a decision after considering the recommendation of the planning commission, the public testimony received at the open public hearing, and project file record.
D. A Type IV application permit process is a legislative land use decision made by the city council under its authority to establish policies and regulations regarding future development and management of land. A Type IV application is the creation or amendment of land use policy or law by ordinance, or the land use designation and zoning of property on a map. Environmental review is conducted when required. The planning commission holds a public hearing and makes a recommendation to the city council. The city council holds a public hearing and makes the final decision.
E. A Type V application permit process is a legislative land use decision made by the city council involving legislatively enacted, approved and valid concomitant agreements governing a specific property when it is in the best interest of the property owner and the city to release or modify the property from the conditions imposed by the concomitant agreement. The city council holds a public hearing and makes the final decision. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.20.020 Permit application classification.
The following table sets forth the various applications required and classifies each application by the process used to review and the review authority who will decide the application.
|
Permit Type |
Process Type |
Review Authority |
|---|---|---|
|
Accessory dwelling unit |
I |
PD |
|
Accessory dwelling unit, w/administrative conditional use permit |
II |
PD |
|
Administrative interpretation/determination, written (including but not limited to: similar use determination; code/map interpretations; landscape plan review/approval; family day care home; etc.) |
I |
PD |
|
Administrative modification |
I/II |
PD |
|
Annexation |
Exempt |
CC/BRB |
|
Appeals |
|
|
|
Type I and II permit decisions |
|
HE |
|
Type III permit decisions |
|
CC |
|
Type IV |
|
GMHB |
|
Type V |
|
Kitsap County Superior Court |
|
Binding site plan |
II |
PD |
|
Binding site plan modification |
I |
PD |
|
Boundary line adjustment |
I |
PD |
|
Building permit |
Exempt |
BO |
|
Comprehensive plan map, policy or text amendment |
IV |
CC |
|
Concomitant agreements, release |
|
|
|
Fulfilled, all conditions met, no longer valid |
I |
PD |
|
Approved administratively or by city council not for rezone |
II |
PD |
|
Approved for rezone by city council |
V |
CC |
|
Construction/engineering drawing review |
Exempt |
CE |
|
Conditional use permit |
III |
HE |
|
Conditional use permit, administrative |
II |
PD |
|
Construction standards |
IV |
CC |
|
Critical area exemption |
I |
PD |
|
Critical area permit |
II |
PD |
|
Design review |
|
|
|
With underlying land use application |
Underlying application |
Underlying application |
|
With building permit only |
I |
PD |
|
Development agreements |
Exempt |
CC |
|
Development regulations |
IV |
CC |
|
Final plat |
|
|
|
Final PRD site development plan |
|
|
|
Final PMUD site development plan |
Exempt |
CC |
|
Grading permit |
I/II |
CE |
|
Home business |
Exempt |
City clerk business license only |
|
Home occupation |
II |
PD |
|
Master plan, including establishment of map overlay (which requires a zoning map amendment), amendments to existing master plan, and/or release of an existing master plan |
III |
CC |
|
Preliminary subdivision/plat |
III |
HE |
|
Preliminary subdivision/plat modifications |
II |
PD/CE |
|
Planned residential development (PRD) |
III |
HE |
|
Planned mixed use development (PMUD) |
III |
HE |
|
Plat alterations and vacation |
Exempt |
CC |
|
Post decision modifications |
I or II |
PD |
|
Public agency and utility exception (critical areas ordinance) |
III |
HE |
|
Right-of-way permit |
Exempt |
CE |
|
Reasonable accommodations (zoning ordinance) |
Exempt |
PD |
|
Reasonable use exception (critical areas ordinance) |
III |
HE |
|
SEPA threshold determination, stand alone, not associated with other land use permit; subject to SEPA notification requirements |
I |
PD |
|
Shoreline conditional use permit |
III |
HE |
|
Shoreline conditional use permit, minor |
II |
PD |
|
Shoreline exemption |
I |
PD |
|
Shoreline master program |
IV |
CC |
|
Shoreline substantial development permit |
III |
HE |
|
Shoreline substantial development permit, minor |
II |
PD |
|
Shoreline variance |
III |
HE |
|
Short subdivision/plat |
II |
PD |
|
Short subdivision/plat modifications |
I |
PD/CE |
|
Short subdivision/plat, final |
Exempt |
CE |
|
Sign permit |
Exempt |
BO/PD |
|
Site plan review |
II |
PD |
|
Site plan review, minor |
I |
PD |
|
Street vacations |
Exempt |
CC |
|
Temporary use permit |
I |
PD |
|
Tree cutting and clearing permit |
I |
PD |
|
Variance |
III |
HE |
|
Zoning map amendment—Zoning map only, when consistent with comprehensive plan and an amendment to the comprehensive plan is not necessary |
III |
HE |
|
Zoning map amendment—When associated with a master plan overlay designation, and consistent with comprehensive plan and an amendment to the comprehensive plan is not necessary |
III |
CC |
|
Zoning map amendment—Area wide, city wide, or site specific when requiring a comprehensive plan amendment |
IV |
CC |
|
Zoning code amendment—Text |
IV |
CC |
|
PD: Planning Director; CE: City Engineer; PD/CE: Both Planning Director and City Engineering; BO: Building Official; BO/PD: Both Building Official and Planning Director; HE: Hearing Examiner; CC: City Council; BRB: Boundary Review Board; GMHB: Growth Management Hearings Board |
||
Note: An exempt status in Table 19.20.020 indicates exemption from the procedural requirements of this title, and does not indicate exemption from other city-required permits.
(Ord. 2020-10 § 2 (Exh. A § 18), 2020: Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.20.030 Permits not listed.
If a permit or land use action is not listed in Table 19.20.020, the planning director shall make a determination as to the appropriate review procedure based on the most analogous permit or land use action listed. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)
19.20.040 Consolidation of permits and appeals.
A. Where more than one land use permit for a given development is required, all permit applications (except Type I applications) may be submitted for review collectively according to the consolidated review process established by this section.
B. Where two or more land use applications for a given development are submitted for consolidated review, the review shall be conducted using the highest numbered process type applicable to any of the land use applications; provided, that each land use application shall only be subject to the relevant decision criteria applicable to that particular development application. For example, a development proposal that includes a Type II application and a Type III application shall be reviewed using the Type III process, but the Type II application shall be decided based on the relevant decision criteria applicable to the Type II application.
C. When the consolidated process established by this section is used, the city shall issue single, consolidated notices, staff reports, and decision documents encompassing all of the land use applications under review. Except as provided in subsection E of this section, the applications shall be considered in a single, consolidated open record public hearing when applicable, and shall be subject to no more than one consolidated closed record appeal.
D. Where a development requires more than one land use permit but the applicant elects not to submit all applications for consolidated review, applications may be submitted and processed sequentially; provided, that the permit subject to the highest numbered process type must be submitted and obtained first, followed by the other permits in sequence from the highest numbered type to the lowest.
E. Where a development proposal requires a comprehensive plan and/or zoning map amendment, the map amendments must be considered and approved by the city council before any hearing is held or decision is made on any relevant application for conditional use permit, subdivision, planned residential development, variance, master planned development, site plan, or other similar quasi-judicial or administrative action. This subsection is intended to be a “procedural requirement” applicable to such actions as contemplated by RCW 58.71.070.
F. All appeals of project permit decisions for single project shall be consolidated and heard together in a single appeal, except for appeals of SEPA determinations of significance. Where a determination of significance (DS) is appealed, the appeal shall be heard by the hearing examiner prior to any consideration of the underlying application. Where a determination of nonsignificance (DNS) or the adequacy of an environmental impact statement (EIS) is appealed, the hearing on the appeal shall be consolidated with any open record public hearing to be conducted on the underlying application. (Ord. 2016-05 § 2 (Exh. A) (part), 2016)